Family Law Questions? Ask a Family Lawyer Online.
I am very sorry that this happened - it sounds like it was a shocking and very upsetting situation.
While I am not sure what you mean by "restitution for husband", the answer would generally be no - there is no restitution for an adult whose spouse in engaging in an extramarital affair. The law simply does not provide for such a thing except in extreme cases where one can sue in civil court for emotional distress. This is not, however, a claim that is often successful.
What should the husband have done?
There is not much the husband needed to do right at that moment. The question is what is the couple going to do now.
They can go to marriage therapy and try to work through this situation; they can have a trial separation before deciding if they should remain together; or they can seek a divorce and settle the issues of physical and legal custody of their son along with child support and visitation either privately or through the family court system.
The options are open and depend on what the husband, in particular, wishes to do.
Please let me know if you have other questions about this.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).